On October 1, at 4 p.m., an employee of the California Secretary of State’s office verbally stated that the Democratic and Republican Parties had not yet submitted their presidential elector candidates, although at that time the deadline was an hour away. A particular activist in a minor party, who was at the Secretary of State’s office at 4 p.m., remained in the office until closing time and believes that they were not filed by 5 p.m. That same activist again visited the Secretary of State’s office on October 2, but no one would discuss the matter. The activist asked for a list of the presidential elector candidates but the office refused to give the list to him.
There would be no practical consequences if the Democratic and Republican Parties were late with their California elector candidates. The ballots are already printed. California absentee ballots are available October 6. But, if it is true that the legal deadline was ignored, that is more reason to grant leniency when minor party and independent presidential candidates make similar mistakes.
Texas Redux?
Sample ballots have already been mailed here.
If the candidates who are actually up for election (the electors) have not filed by the deadline, then it could be argued that votes cast under their label should not be counted for them.
I would think there is a state interest in having a deadline for filing these names. A voter may want to know the names of the people he or she is electing.
Like in P2004 when the vacationing law students were absolutely [incorrectly] sure that the ballot access federal electors for Nader – Camejo would auto matically slide over to the write in effort.
Thx goodness for Secular Saint Richard Winger and his [correct] 2004 advice.
As mentioned previously, you vote for the electors.
This is most evident in Louisiana. However, is it not the same in all states?
Theoretically, the Democrats and Republicans would be like unannounced write-ins. It is optional to count the votes, but they cannot gain anything in the electoral college.
The votes should not be allowed to gain electoral votes, meaning that the real debate would be between Bob Barr, Ralph Nader, McKinney, Baldwin, and in this case Keyes. I would predict Nader taking CA as the others are pretty divided.
I think the real point here is the one that Richard makes. Whatever the appropriate amount of leniency is, it must be equal between the big and small parties. Whenever a given state is caught being anything other than evenhanded, the issue must be pursued.
So will the winner in CA (let’s just call him Obama) have legal problems getting his delegates?
I’m sure they will “fix” the problem somehow, I’m just curious what the theoretical legal implications are here.
Some animals are more equal than others.
I don’t see any deadline in Section 7300 for filing of GOP electors. Similarly Section 7100 provides for filing of Democrat electors by the congressional and senatorial nominees of the party. Were there any such individual filings?
Section 6905 provides the case when there are an insufficient number of electors.
And if we are going to be sticklers for following the law, the California Constitution requires that Hillary Clinton be the Democrat candidate for president in California.
California Election Code section 7300 has the October 1 deadline in the second line from the bottom.
And the CA SoS is a Republican. Intersting to see what if anything she does.
@10: Just for the record, California Secretary of State Debra Bowen is a Democrat.
Does this mean Barr will waste more LP resources on another lawsuit to deny legitimate, albeit undesirable, candidates ballot access?
ART
No
Bob, my error. They all suck, and it gets hard to tell them apart. 🙂
Bob Barr’s lawsuits have been a very good use of campaign and LP resources. He is helping to establish, little by little, freer elections in the US.
He has helped to guarantee the right of substitution in Massachusetts, and hopefully will secure the same right in NH.
He is setting a legal precedent in TX to be used to demand fair treatment for all parties in the future.
It would be nice to do the same in California.
OTOH:
The failed ballot drives, due to incompetent ballot drive management and simple paperwork filing screwups in: WV, DC, CT, LA and ME, have been a complete waste of campaign and party resources.
Re: #9. The October 1 deadline in 7300 only applies to the appointed electors (“remaining presidential elector positions”).
Re: #15. The deadline specified under Texas law was impossible for the Republican and Democrat parties to comply with AND ALSO substantively meet their other requirements under Texas law.
Texas law is explicit that if a party is required to nominate other candidates by primary, and it wants to have a presidential nominee on the ballot it must also hold a presidential preference primary. If it decides not to hold a presidential preference primary, then the Secretary of State is required to notify counties not to include a presidential candidate on the November ballot.
Further, the parties are required to allocate a substantial share of the delegates to the national convention on the basis of the president preference primary.
It is totally non-sensical to require the party to conduct a primary, and allocate delegates based on that primary, and then not be able to wait until the national convention can determine the nominees of the party.
Re#17:
A lot of nonsensical laws are enfored.
It’s just that, when it comes to elections, the nonsensical laws are only enforced against small and weak political parties and candidates.
I live in the Sacramento area and have heard of this story. I would like to know who the activist was so that I can pitch a fit about this. SOS offices all over our country have been breaking their own state laws. This is no exception. Both Obama and McCain’s votes should be not allowed,PERIOD. State law is state law.
It is obscene enough that these 2 frauds are not even eligible to run for President to begin with and our Federal courts don’t care. If I can at least get these frauds kicked off the CA ballot, I will take that as a small victory for justice for once. Please let me know as to the source of this story ASAP. If I have to take 400 people down there with me or call every member of the press personally and stage a protest downtown, I will. I am sick and tired of there not being any rule of law left in America.
Lori